Avoiding the Pitfalls of Alternative Billing Arrangements
By Betsy P. Collins – December 3, 2012
While the hourly rate is a known quantity for law firms, alternative fee arrangements can be fraught with peril.
Class Certification after Wal-Mart v. Dukes
By Ashish Prasad – November 12, 2012
Following Dukes, courts are likely to consider whether common questions have common answers.
Expert Testimony Admissibility after Wal-Mart v. Dukes
By Dennis S. Ellis, Katherine F. Murray, and Nicholas J. Begakis – November 12, 2012
Counsel should be mindful of the Supreme Court's comments in Dukes, and be prepared to respond to a full Daubert challenge at the class-certification stage.
The Fifth Amendment Versus Compelled Production of Encrypted Data
By Jayashree Mitra and Stefan Mentzer – November 12, 2012
The case law on the constitutional protections for compelled production of encrypted data is contradictory and uncertain.
Litigation 101: Ethics Related to the Use of Contract Attorneys
By Gregory M. Boyle and J.H. Jennifer Lee – November 12, 2012
It is critical for attorneys to understand the ethical considerations that apply to work performed by their contract brethren.
Undue Burden, Proportionality, and Cost-Shifting in E-Discovery
By Margaret Rowell Good – November 12, 2012
Attorneys must understand and be prepared to use the rules of civil procedure as they relate to electronic information.
Tips for Winning at Oral Argument
By J. Bradford McCullough – September 20, 2012
Know the record, know the law and the correct standard of review, and be organized, but not scripted.
What Should I Expect From My First Jury Trial?
By Matthew Bakota – September 20, 2012
The answer is invaluable experience, which is evident as two Burr Forman associates, describe their first federal jury trial.
Raising Delicate Matters with the Judge in Pending Litigation
By Hon. Marvin Aspen – August 30, 2012
A sitting federal judge offers 10 pieces of advice on how to handle unusual circumstances.
Defensive Strategies in Discovery: A Refresher
By Kathleen B. Havener – August 30, 2012
By following these tips, your discovery should put you in good stead for dispositive motions and trial.
Pornography and E-Discovery
By Rebecca James – August 30, 2012
The line between work and private life is no longer as clear as it used to be.
Civil Discovery Standards Influence New Criminal Guidelines
By Anne M. Chapman and Joseph N. Roth – August 30, 2012
The new recommendations are a step toward formalizing practice and expectations involving ESI in federal criminal cases.
The Risks of Electronic Data Over-Preservation
By Anne Kershaw and Shannon Spangler – August 30, 2012
It may be costing you millions to save data that is of little to no value.
So You Want to Depose Opposing Counsel?
By Edna Selan Epstein – August 27, 2012
A license to practice law does not automatically exempt an attorney from being subject to a subpoena to produce documents or to testify.
Do Twombly and Iqbal Apply to Affirmative Defenses?
By Carla R. Walworth, Mor Wetzler, and Jessica Oliva – June 13, 2012
With little guidance from the courts, the old adage applies: Know your judge.
Discoverability of Deposition Breaks
By Raymond P. Ausrotas – June 13, 2012
Two leading cases are instructive on the subject of deposition recess.
Ethics of Using Social Media During Case Investigation and Discovery
By Seth I. Muse – June 13, 2012
A simple tweet or "poke" could turn the tide against you.
Judge Scheindlin Shines a Light on Metadata Production
By Som P. Dalal – June 13, 2012
The foremost judicial authority on ESI serves up the minimum requirements for production protocols.
When to Swear and When to Declare: Affidavit or Declaration?
By Matthew J. Bakota – May 9, 2012
The answer will depend on your jurisdiction.
New York Appellate Court Adopts Federal E-Evidence Preservation Standard
By Yitzchak M. Fogel – February 27, 2012
The Appellate Division, First Department, became the first New York appellate court to adopt the standard for spoliation originally established in Zubulake v. UBS Warburg LLC.
Draft Expert Reports Are Work Product? Since When?!
By Christian T. Balducci – February 6, 2012
Effective December 1, 2010, Federal Rule of Civil Procedure 26 underwent several significant changes affecting expert witness disclosure and discovery.
A Model Order Regarding E-Discovery in Patent (and Other?) Cases
By Steven R. Trybus and Sara Tonnies Horton – February 6, 2012
The model order from the Federal Circuit Advisory Council regarding e-discovery in patent cases includes proposals that are dramatically different from the majority of present e-discovery practices.
How to Write an Effective Reply Brief
By Damon Thayer – February 6, 2012
By following ten simple commandments you can master the art of writing an effective reply brief and in the process increase your chances of prevailing in any given case.
Can I Get a Witness: Obtaining Out-of-State Deposition Subpoenas
By Robin H. Jones – February 6, 2012
Most lawyers will at some point have to track down a witness residing in another state for purposes of obtaining discovery for use in a case pending before another state court.
Ten Tips from the Bench: Motion Practice Oral Argument
By Hon. Marvin E. Aspen – February 6, 2012
Here are ten tips for effective oral advocacy of contested motions, including a suggestion on how to request that opportunity where judges normally do not conduct oral argument on a regular basis.
New Amendments to Federal Venue, Removal, and Other Rules
By Charles S. Smith – February 6, 2012
The Federal Courts Jurisdiction and Venue Clarification Act of 2011 contains the most expansive changes to the Judicial Code since the Judicial Improvements Act of 1990.